Wiemerslage+v.+Maine+Township+High+School

Kevin Johns MGED 3030 February 14, 2011 Dr. Goodale **__ Wiemerslage v. Maine Township High School __**  ** United States Court of Appeals, **  Argued Feb. 23, 1994. Decided July 15, 1994. **__Background:__** Wiemerslage, a student of the Maine Township High School was given three day suspension for loitering in the Hamlin Gate Area. An officer approached them to find them discussing their plans for the day, and wrote them all a citation for loitering. Wiemerslage, after being suspended for loitering, claims his right to free speech was violated by the suspension. He had two informal accounts and one formal account about the suspension, and after it was decided to keep the suspension, Wiemerslage went to the United States Court of   Appeals.
 * Seventh Circuit. **

**__ Decision and Rationale: __** The findings of the court held, Wiemerslage’s suspension was found to be proper punishment under the school’s jurisdiction. The student’s were clearly notified of the situation that there should be no loitering at that gate, and all though the term loitering is used loosely, the court decided that the officer had proper means to write the citation. Furthermore, on the decision of Wiemerslage’s right to free speech being violated, the court found that this was untrue. His rights were not violated because he never claimed to be restrained from any specific speech he was trying to make.

**__ Impact on Teaching: __** This court case shows that if a student is clearly notified of something that they should not do in a student handbook, that they are required to adhere to; then the school reserves the right to punish that student with the proper punishment the corresponds to that rule that was broken. This allows all rules to be clearly written in a handbook of sorts that will help students know everything they can and cannot do, and this also helps teachers to give proper punishment.

T or F Wiemerslage's right to free speech was violated by the school and the officer the wrote the citation. ___ WIERMERSLAGE v. MAINE TOWNSHIP HIGH SCHOOL DISTRICT United States Court of Appeals, Seventh Circuit Argued February 23, 1994 Decided July 15, 1994 Background Wiemerslage, a student at Main South High school, violated a school rule against loitering in a designated area. As punishment, he was suspended from school for three days. Although meetings with the Dean and other officials ended in favor of the original decision set forth by the principal, his parents filed suit in the District Court alleging that their son’s constitutional rights were violated by the rule. The District Court dropped the claim due to Wiermerslage’s failure to state a claim. The Court of Appeals, Seventh Circuit reviewed the case in efforts to see if constitutional rights were violated. Decision The Court of Appeals reviewed Wiermerslage’s assertion that loitering was vague thus offending due process. The court decided that since the principal explained the conditions of the rule to the students, the rule was not vague. Then the court looked at the complaint that his First Amendment rights were violated. However, Wiemerslage failed to submit evidence of such an infringement. Importantly, the court set precedence when they stated that schools may limit the expressiveness of free speech if actions “disrupt class work or involves substantial disorder or invasion of the rights of others”. Therefore, because loitering in the designated area caused concern over the safety of students as well as property damage, the court dismissed his complaint. Impact on Education This case impacts the education field because it provides guidelines for appropriate due process as well as rules for limiting First Amendment rights of students. Thus, to make sure that the school is not in violation of any law, teachers and administrators must be cognitive that school rules must be made clearly, therefore, reducing all complaints of vagueness. Furthermore, they should be aware that schools have the power to limit the expressiveness of speech if the actions bring forth concern for student safety, infringement of other’s rights, or disrupts the classroom. Overall, educational professionals should make every effort to familiarize themselves with the precedence of the case in order to prevent issues such as this from reoccurring. Applicable Quiz Question True or False The clarity of school rules is not important to in relation to the 14th Amendment of the Constitution concerning due process Independently by Jody Carter